Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Equal Remuneration Convention, 1951 (No. 100) - Peru (Ratification: 1960)

1. Equal remuneration for men and women for work of equal value. The Committee notes with regret that, despite having reiterated for many years that the principle enshrined in the Convention is that of equal remuneration for men and women for work of equal value, the reports submitted by the Government continue to provide information on equal remuneration for equal work, which does not reflect the principle of the Convention. The Committee therefore notes with considerable regret that according to the Government’s report, draft law No. 1110 which proposes to amend article 24 of Peru’s Political Constitution by incorporating the phrase "a worker, male or female, is entitled to equal remuneration for equal work performed under identical conditions for the same employer" has been submitted to Congress for its opinion. This principle is far more restrictive than the Convention, since it introduces conditions of "equal work", "performed under identical conditions" and "for the same employer". In its General Survey of 1986 on equal remuneration, the Committee of Experts indicated that the principle of equal remuneration for work of equal value "inevitably broadens the field of comparison since jobs of a different nature have to be compared in terms of equal value. To compare the value of different jobs, it is important that there exist methods and procedures of easy use and ready access" (paragraph 255). Further, in paragraph 256 of the same survey, the Committee stated that "particular difficulties for job evaluation are experienced in areas where men and women are in practice segregated into different occupations, industries and specific jobs within enterprises (…) it is essential to ensure equal remuneration in an industry employing mostly women by having reference to a basis of comparison outside the limits of the establishment or enterprise concerned". In short, equal remuneration for equal work performed under identical conditions for the same employer does not reflect the principle enshrined in the Convention.

2. Equal remuneration for men and women for work of equal value and the reflection of this principle in law. The Government’s report indicates that the principle enshrined in the Convention can be applied through various means and not only through national legislation. The Committee fully agrees with the Government’s assertion, but reminds it that, while the Convention is flexible regarding the choice of measures to be taken for its implementation, it allows no compromise regarding the objective to be pursued. Where legislation concerning equal remuneration exists, it should not be more restrictive than, or contravene, the equal remuneration principle in the Convention. The Committee also reminds the Government that States have an obligation to promote the principle enshrined in the Convention and apply it directly in certain cases (see the abovementioned General Survey, op. cit., paragraphs 25-30). In the Committee’s opinion, the proposed amendment of article 24 of the Constitution does not contribute to either the promotion or application of the principle established in the Convention. The Committee therefore hopes that through the amendment of article 24 of the Constitution, the Government will do what is necessary to establish in legislation the principle of equal remuneration for work of equal value, and requests that it keep the Committee informed in this regard.

3. Other means of applying the principle laid down in the Convention and labour inspection. In its previous direct request, the Committee noted the Government’s statement that no methods had been established for an objective appraisal of jobs on the basis of the tasks they involved and reminded the Government that the concept of equal pay for men and women according to the value of their work necessarily implied the adoption of a suitable method for objectively measuring and comparing the relative value of the tasks performed. In the same direct request, the Committee noted the information contained in the communication issued by the Directorate of Prevention and Inspection (communication No. 97-02-DRTPSL-DPI-5.ª SDI), which was attached to the Government’s report. According to that communication, " no procedure has been established through which it is possible to evaluate the work performed and its relation with the remuneration received", and according to conclusion No. 1 therein, "it is necessary for the Peruvian State, through substantive law, to issue appropriate standards to regulate specifically the area of equal remuneration for men and women workers for work of equal value, and by doing so it will provide labour inspectors with the tools needed to ensure compliance with that principle". The same communication indicates that there is a legal void in the legislation governing labour inspection and that the labour inspectorate can therefore only verify compliance with current legislation as regards the national minimum wage for all workers, without any discrimination.

4. The Committee expresses its concern regarding the absence both of legislation to promote the Convention’s principle at different levels and of methods for carrying out an objective appraisal of jobs allowing for the comparison of tasks in different companies and sectors. Both of these are also required in order that the labour inspectorate can monitor the application of the principle laid down in the Convention. Consequently, the Committee urges the Government to adopt appropriate measures to bring its legislation into line with the Convention and to promote an objective appraisal of jobs on the basis of the work to be performed. Please provide information on the measures adopted in that regard. Also, please provide information on the other means being adopted to apply the principle laid down in the Convention, including details on how the Government cooperates with employers’ and workers’ organizations to give effect to the Convention’s provisions.

The Committee is raising other matters in a request addressed directly to the Government.